By Lucio S.B. No. 978
77R8099 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the salary and retirement benefits of certain retirees
1-3 of the Teacher Retirement System of Texas who are employed as
1-4 classroom teachers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 824.602(a), Government Code, is amended to
1-7 read as follows:
1-8 (a) Subject to Section 825.506, the retirement system may
1-9 not, under Section 824.601, withhold a monthly benefit payment if
1-10 the retiree is employed in a Texas public educational institution:
1-11 (1) as a substitute only with pay not more than the
1-12 daily rate of substitute pay established by the employer and, if
1-13 the retiree is a disability retiree, the employment has not
1-14 exceeded a total of 90 days in the school year;
1-15 (2) in a position, other than as a substitute, on no
1-16 more than a one-half time basis for the month;
1-17 (3) in one or more positions on as much as a full-time
1-18 basis, if the work occurs in not more than six months of a school
1-19 year that begins after the retiree's effective date of retirement;
1-20 (4) in a position, other than as a substitute, on no
1-21 more than a one-half time basis for no more than 90 days in the
1-22 school year, if the retiree is a disability retiree; or
1-23 (5) in a position as a classroom teacher on as much as
1-24 a full-time basis, if the retiree has retired under Section
2-1 824.202(a) without reduction for retirement at an early age, is
2-2 certified under Subchapter B, Chapter 21, Education Code, to teach
2-3 the subjects assigned, and is teaching in an acute shortage area as
2-4 defined by the commissioner of education[, and has been separated
2-5 from service with all public schools for at least 12 months].
2-6 SECTION 2. Section 21.402, Education Code, is amended by
2-7 amending Subsection (a) and adding Subsections (i) and (j) to read
2-8 as follows:
2-9 (a) Except as provided by Subsection (d), (e), [or] (f), or
2-10 (i), a school district must pay each classroom teacher, full-time
2-11 librarian, full-time counselor certified under Subchapter B, or
2-12 full-time school nurse not less than the minimum monthly salary,
2-13 based on the employee's level of experience, determined by the
2-14 following formula:
2-15 MS = SF X FS
2-16 where:
2-17 "MS" is the minimum monthly salary;
2-18 "SF" is the applicable salary factor specified by Subsection (c);
2-19 and
2-20 "FS" is the amount, as determined by the commissioner under
2-21 Subsection (b), of state and local funds per weighted student
2-22 available to a district eligible to receive state assistance under
2-23 Section 42.302 with an enrichment tax rate, as defined by Section
2-24 42.302, equal to the maximum rate authorized under Section 42.303.
2-25 (i) Except as provided by Subsection (j), this section does
2-26 not apply to a classroom teacher who:
2-27 (1) is a retiree of the Teacher Retirement System of
3-1 Texas; and
3-2 (2) qualifies under Section 824.602(a)(5), Government
3-3 Code, to receive retirement benefits during that employment.
3-4 (j) A school district must pay to each classroom teacher
3-5 described by Subsection (i) an amount that, when added to the
3-6 teacher's monthly retirement benefit, is at least equal to the
3-7 minimum monthly salary otherwise required by this section.
3-8 SECTION 3. This Act applies beginning with the 2001-2002
3-9 school year.
3-10 SECTION 4. This Act takes effect immediately if it receives
3-11 a vote of two-thirds of all the members elected to each house, as
3-12 provided by Section 39, Article III, Texas Constitution. If this
3-13 Act does not receive the vote necessary for immediate effect, this
3-14 Act takes effect September 1, 2001.